What is the test for summary judgement in a child protection case?
Ontario, Canada
The following excerpt is from CAS v. Y and B., 2019 ONSC 6364 (CanLII):
The Ontario Court of Appeal in Kawartha-Haliburton CAS v. M. W. 2019 ONCA 316 emphasizes a cautious approach must be taken to summary judgement in child protection cases. Summary judgement is appropriate only when “a judge is able to reach a fair and just determination on the merits” (para. 76).
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